Oukacine

Oukacine v. Ashcroft

Good Law
111 F. App'x 915
United States Court of Appeals for the Ninth CircuitOctober 22, 2004Nos. 03-70992, 03-70994, A77-107-521, A77-107-522California602 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioners Mohammed and Mouloud Oukacine, two brothers who are natives and citizens of Ageria, petition for review of the Board of Immigration Appeals’ (BIA) summary affirmance of the Immigration Judge’s (IJ) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). In cases of streamlining, we review the decision of the IJ as if it were that of the BIA. See Al-Harbi v. INS, 242 F.3d 882, 887-88 (9th Cir.2001).

The IJ found that the Oukacine brothers testified credibly and that they had a subjective fear of future persecution. However, he also found that neither brother had been the victim of past persecution on account of a protected ground and that neither had a well-founded fear of future persecution on account of a protected ground. We agree.

The Oukacine brothers request asylum and withholding of removal. They fear persecution (1) by the government on account of their Berber ethnicity, (2) by the government on account of imputed anti-government opinion, and (3) by Islamic militant groups, which the government is unable or unwilling to control, on account of imputed pro-government opinion.

With…

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